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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2010-09-30 Daily Xml
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CONTROLLED SUBSTANCES (MISCELLANEOUS) AMENDMENT BILL

Final Stages

The Legislative Council agreed to the bill with the amendment indicated by the following schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 5, page 2, line 20 [clause 5(1), inserted subsection (2a)]—

Delete '(other than cannabis, cannabis resin or cannabis oil)'

Consideration in committee.

The Hon. J.R. RAU: I move:

That the Legislative Council's amendment be agreed to.

At some point I will say a few words while the gentlemen over there chat amongst themselves. I want to say a few words about this matter which might be of assistance to those opposite. As members might recall, this was the legislation that was introduced some weeks ago regarding the people who attend licensed premises with trafficable quantities of drugs on their person. Honourable members might recall that the original version of the bill, which was introduced into the chamber some weeks ago, excluded cannabis from the range of drugs to which this offence would apply. It said that it is an offence of an aggravated type to turn up in a licensed premise with trafficable quantities of drugs, excluding cannabis.

Honourable members opposite might recall that every single member opposite directed all of their comments to, in particular, that exclusion of cannabis. I particularly remember the member for Bragg spending some time on it, but others did too. I think a number of members opposite spoke on the matter and everybody basically said the same thing, 'Look, we don't have a problem with you making it a more serious offence for people wandering around nightclubs with drugs, particularly in trafficable quantities, but we do think it's a bit odd that you have cut cannabis out of the loop. Why have you done it?'

So, I thought, having listened carefully to honourable members opposite, that they made a reasonable point. I went away and I thought about it and, indeed, indicated, I think during the last week that the parliament was sitting, that I had taken the matter up with my colleagues and we accepted that the point made by honourable members opposite in the debate here was a sensible point. On that basis, I understand that honourable members opposite and, I think, the Hon. Ann Bressington, moved an amendment to that effect, or least foreshadowed an amendment to that effect in the other place. The government also indicated that it would move an amendment to its own legislation to that effect in the other place.

What has happened is that the collective view now of the government, the opposition and the Hon. Ann Bressington is that this amendment be agreed to. That, in fact, was the position that was accepted in the upper house. The upper house has now referred the amended legislation back here. So, the only difference between the bill, which has now returned to his house from the other place, is that the words 'excluding cannabis' have been removed, which, as I recall, is entirely in keeping with the remarks made by honourable members opposite during the course of that debate. That is what has happened.

I would just like to say that, for my part, hopefully, it demonstrates to members opposite that I do actually listen to what is said in the course of debates in this place. I cannot say that I will always agree to every amendment that is put up, but if there is some good logic in what is being put up I think you will find, for my part anyway, that I am perfectly prepared to listen to it, and if we can do better that is good. That does not necessarily mean that we will always be able to do better, it does not mean that we will always agree, but in this particular instance we have.

I would like to thank honourable members opposite for having drawn that particular matter to my attention in the course of the debate when it was last here. I am pleased that the two houses now appear to be in accord in relation to this matter. It is a win-win situation. Everybody is happy, wisdom has prevailed, and I can see rays of sunshine beaming through the clouds.

The Hon. I.F. EVANS: Yes; it's win, win, win and wisdom. How can we argue with that? The opposition agrees.

Motion carried.

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